Placement at the Government's Disposal (TBS) is a legal measure for persons with a mental disorder who have committed an offence. It combines treatment with the protection of society and can be of a long-term nature, depending on the risk present.
What does TBS entail?
TBS, or placement at the government's disposal, is a measure imposed by the court on offenders with a mental disorder at the time of committing an offence. It is not a punishment, but focuses on treatment and prevention.
Objectives of TBS
- Treatment of the underlying disorder
- Reducing the risk of recidivism
- Ensuring public safety
- Preparing for possible return to society
Conditions for imposing TBS
The imposition of TBS is subject to strict criteria laid down by law.
Statutory criteria (art. 37a Dutch Criminal Code)
- The offence carries a minimum penalty threat of 4 years
- Or it concerns specific, explicitly named offences
- There was a mental disorder at the time of the offence
- There is a risk of recidivism or danger to others
- A report from behavioural experts supports the measure
Types of TBS
TBS has two main forms, depending on the severity of the situation.
TBS with compulsory admission
- Residence in a forensic psychiatric centre (FPC)
- Intensive therapeutic supervision
- Most intrusive form of TBS
- No fixed end date
Conditional TBS
- No admission to an institution
- Mandatory compliance with strict rules
- Treatment on an outpatient basis
- Maximum duration of 9 years
How long does TBS last?
The initial duration of TBS is 2 years, but extension is possible as long as it is deemed necessary.
Extension rules
| Category | Extension period |
|---|---|
| Violent offences | No limit on extension |
| Other offences | Maximum 4 years in total |
| Evaluation | Annual assessment by the court |
Treatment trajectory
In a TBS institution, the individual receives an intensive care programme.
Elements of treatment
- Psychiatric care
- Therapeutic sessions
- Medication if necessary
- Structure through daytime activities and work
- Training in social interaction
- Preparation for return to society
Leave arrangements and discharge process
During TBS, leave can be granted in various forms.
Types of leave
- Supervised leave
- Independent leave
- Transmural leave (living outside the clinic)
- Trial leave as final phase
- Conditional termination of TBS
Combination with prison sentence
TBS is often carried out after a prison sentence. The sentence is first served, followed by the TBS measure.
Longstay ward
If treatment has no effect and the risk remains high, placement in a longstay ward may follow. This means long-term admission with a focus on security rather than treatment.
Frequently asked questions about TBS in Leiden
How long can TBS last and does it ever end?
TBS starts with a period of 2 years, but can be extended repeatedly if the risk of recidivism remains. For violent offences, there is no maximum duration, while for other offences the total duration is limited to 4 years. The court evaluates annually whether extension is necessary. TBS ends only if the danger has been sufficiently reduced, which can sometimes take many years. In some cases, conditional termination is possible.
What distinguishes TBS with compulsory treatment from conditional TBS?
With TBS with compulsory treatment, you are admitted to a closed TBS clinic (FPC) for intensive care without a fixed end date. Conditional TBS means you are not admitted, but are bound by strict rules and outpatient treatment, with a maximum of 9 years. Compulsory treatment is applied in cases of serious danger, while conditional TBS is suitable if the risk outside a clinic is manageable.
Is release possible after TBS?
Yes, but this requires a long process. Release follows only after significant progress in treatment and an assessment that the risk of recidivism is minimal.
Relevant institutions in Leiden:
Court: District Court of The Hague, Leiden Location
Legal Aid Office: Legal Aid Office Leiden, Stationsweg 46